An F-1 international student who fails to maintain status is required to apply to USCIS for reinstatement back to lawful status. Students who have lost their non-immigrant status may be subject to deportation under the law (I.N.A. 237 (a) (1) (c) (i)). J-1 Exchange visitors must apply to the Department of State.
A reinstatement from within the U.S. may be considered if the student can prove the following:
Falling out of status is a serious situation. Students are not eligible for immigration benefits of any kind and may be subject to deportation. The application process to be reinstated is expensive and it can take several months to hear a decision. There is also no guarantee that the application will be approved. If the reinstatement application is denied, you will be required to leave the U.S. with no grace period.
*****Remember: It is illegal to work anywhere when out of legal status*****
If you need more information on applying for reinstatement, please call the Center for International Education to set up an appointment at 325-674-2710.
Disclaimer: The CIE makes every attempt to provide accurate immigration advice for J-1 and F-1 students. The information on our website is general and should not be taken as legal advice. Please contact an immigration attorney if legal advice is needed. It is your responsibility to understand and follow the rules given by DHS and the University.